This note is not part of the regulations, but is intended to indicate their general effect.
First, the regulations replace regulation 6 of the principal regulations, which relates to the experience and competence requirements that must be met by a lawyer seeking to provide legal aid services or specified legal services.
New regulations 6 and 6A largely restate regulation 6 (which these regulations replace).
New regulation 6B allows the Secretary for Justice (the Secretary) to waive 1 or more relevant experience and competence requirements to allow a lawyer to act in a proceeding (or type of proceeding) if—
the lawyer has acted, or is acting, in a related proceeding; or
the lawyer has specialist skills required for the proceeding, or type of proceeding; or
the lawyer is able to provide services in a region with a shortage of suitable providers.
Secondly, the regulations amend regulation 10 of the principal regulations, which sets out the conditions that the Secretary may impose on an approval to provide legal aid services or specified legal services. The regulations allow the Secretary to impose a condition precluding a lawyer from providing services in respect of a proceeding other than the proceeding to which the approval relates.
Date of notification in Gazette: 1 October 2015.
These regulations are administered by the Ministry of Justice.